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Justice News

Department of Justice
U.S. Attorney’s Office
District of Massachusetts

Friday, March 23, 2018

Brockton Man Sentenced for Illegal Firearm Possession

Defendant had two prior federal firearm convictions

BOSTON – A Brockton man with two prior federal firearm convictions was sentenced yesterday in federal court in Boston for his third federal firearms charge.

Darnell Upshaw, 36, was sentenced by U.S. District Court Judge Indira Talwani to 32 months in prison and three years of supervised release. In December 2017, Upshaw pleaded guilty to being a felon in possession of a firearm and ammunition. 

On May 10, 2017, police officers responded to a report of shots fired on Owens Avenue in Brockton. Based on information provided at the scene, law enforcement officers suspected that Upshaw was responsible for the shooting and began surveillance of his house. Subsequently, officers observed a vehicle matching the description of the shooter’s vehicle arrive and park near Upshaw’s house, where two men exited the vehicle. Minutes later, Upshaw was observed leaving his house and driving away in a black SUV. 

The officers followed the SUV, and, when it stopped, Upshaw exited and took off running with his right arm braced tightly against his side. The officers followed Upshaw as he fled, climbed over a fence and entered his girlfriend’s mother’s house. Upshaw was apprehended inside the house and a loaded firearm was found lying on top of a pile of lawn clippings near the fence Upshaw had climbed. Subsequent lab analysis revealed that Upshaw’s shirt bore traces of gunshot primer residue.      

United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Plymouth County District Attorney Timothy Cruz; and Brockton Police Chief John Crowley made the announcement. Assistant U.S. Attorney Kelly Begg Lawrence of Lelling’s Criminal Division prosecuted the case.  

Firearms Offenses
Updated March 23, 2018